Terms & Conditions
Terms & Conditions
1. OVERVIEW AND DEFINITIONS
bookspike.com is an online marketplace that enables buyers of professional services (“customers or Registered Users”) to search for a project or create a new project and find related service providers or freelancers for their project. The Website contains features that enable Freelancers or providers to do, among other things, the following:
Registered Users: Create profiles, post projects, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award projects to Freelancers, manage projects, leave feedback for Freelancers, and pay Freelancers.
Freelancers or Providers: Create profiles, advertise capabilities, submit quotes, negotiate with customers or Registered Users, obtain project awards, invoice, obtain feedback from providers or freelancers, and receive payment from customers or Registered Users.
A. Eligibility. To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. bookspike.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
B. Registration. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
C. Accounts and Profiles.
General. Once you have registered with the Website as a Registered User, the Website will create your Account with bookspike.com and associate it with an account number. You may create a profile under your Account, in accordance with Section 2(D).
Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize bookspike.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
bookspike.com provides Registered Users several different membership options. The availability of these membership options is dependent upon (i) the Registered User’s status as a customer or a Freelancer (ii) the selections made during registration, (iii) any subsequent upgrades or downgrades of membership options after registration.
Freelancers. Freelancers can choose from different membership options. The options and differences between these options are listed here.
Each membership option includes a certain number of “bids.” As described on the Website, a Freelancer uses bids to submit quotes for projects. If a Freelancer requires additional bids in a given month, the Freelancer has the option to buy additional bids as described here. We reserve the right to change membership fees, the monthly number of bids included in the membership options or the price of bids or institute new fees at any time, at the sole discretion of bookspike.com and upon reasonable notice posted in advance on the Website. No refunds of membership fees, bids or skill tests already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
A. Customer (registered users) and Freelancer.
1. Project Agreement. The engagement, contracting and management of a project are between a customer and a Freelancer. Upon acceptance of a quote, the customer agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between customer and Freelancer including the Project Bid, Project Description, and other terms and conditions as communicated between customer and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by bookspike.com (collectively, the “Project Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Customer and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.
2. Independence. Customer and Freelancer each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Employer or between bookspike.com and any Customer or Freelancer.
B. Registered Users and bookspike.com
1. General. bookspike.com is not a party to the dealing, contracting and fulfillment of any Project between an Customer and a Freelancer. bookspike.com has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of customer to pay for services, or that an customer or Freelancer can or will actually complete a Project. bookspike.com is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between a customer and a Freelancer. bookspike.com will not provide any Freelancer with any materials or tools to complete any Project. Customers and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
2. Third-Party Beneficiary of Project Agreement. Customers and Freelancer each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Customer and Freelancer therefore appoint bookspike.com as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, bookspike.com by these Terms of Service. Customer and Freelancers further agree that bookspike.com has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as bookspike.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
3. Agency. These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and bookspike.com, except and solely to the extent expressly stated.
4. Taxes. Registered Users are responsible for payment and reporting of any taxes. Other than in connection with the 1099 Service, bookspike.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by bookspike.com. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event bookspike.com receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, bookspike.com will deem such receipt a breach of this section and will suspend your Account until bookspike.com received an Internal Revenue Service Release.
3. Bookspike.com FEES
A. Membership Fee. Freelancers can choose various membership programs to subscribe to different levels of participation on the Website, as detailed here.
B. Services Fees. bookspike.com deducts one or more of the following fees, as applicable, from payments made by Customer to Freelancers using the bookspike.com Billing and Payment Services:
1. Project Fee. bookspike.com charges all Freelancers a Project Fee. The fee is based on a Freelancer’s membership type and is deducted from the total amount paid by an Customer for a Project as described here
2. Payment Handling Fee. When a customer pays a Freelancer, a Payment Handling Fee not less than (2.5%) will be added to the invoice total.
3. Freelancer Transfer Method Fee. If, upon a Freelancer’s request, funds are to be disbursed via a wire transfer, a Freelancer Transfer Method Fee will be charged to the Freelancer as described here. Transfers made through use of automated clearinghouse, PayPal and Pioneer debit card methods will incur no such fee, unless requested by the service.
4. Dispute Resolution Service Fee. For use of Dispute Resolution Services, irrespective of the nature of resolution and any resulting disbursements, bookspike.com charges a Dispute Resolution Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by a Customer to bookspike.com for the applicable project to which such payment relates.
5. Withdrawal Fee. When the Customer withdraws funds from their cash account there is a withdrawal fee (3.5%). This fee will be subtracted from the amount withdrawn.
C. We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by bookspike.com at any time, at the sole discretion of bookspike.com and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
4. BILLING AND PAYMENT SERVICES
A. bookspike.com Invoice Service. The bookspike.com Invoice Service enables Freelancers to issue invoices and enables Customers to make payments for services.